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SEC. 14. When any such recognizance shall be forfeited, it shall enure to the benefit of the Territory.

SEO. 15. When a complaint shall be made against any person, as provided by this act. the judge or justice shall take from the prosecutor a bond to the clerk of the district court, with sufficient security to secure the meat of the costs and expenses which may accrue by occasion of the arrest and deteation of the party charged, which boad shall be certified and returned, with the examination, to the office of the clerk of the district court.

SEC. 16. Upon the determination of the proceedings in that court, the clerk may issue fee bills, which shall be served on the principal and securities in the Lond, by the sheriff, in the same manner as other fee bills; for which service, the sheriff shall be allowed the same fees as for serving notices.

SEC. 17. If the costs and charges are not paid on or before the first day of the next term of the district court, nor any cause shown why they should not be paid, the clerk may issue execution for the same, against the parties on whom the fee bills were served.

SEC. 18. Nothing in the two preceding sections shall be construed to prevent the clerk from instituting suit on such bond, for the recovery of the costs and charges.

SEC. 19. No person shall take or remove any fugitives from this Territory, or do any act towards such removal, unless authorized so to do, pursuant to the provisions of this act, and any person violating the provisions of this section, shall forfeit and pay to the aggrieved party a sum not less than five hundred

dollars.

SEC. 29. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,

Speaker of House of Representatives.

C. W. BARCOCK,

President of the Council.

Approved February 11, 1859.

S. MEDARY,

Governor.

CHAPTER LXXIV.

AN ACT providing for the time of meeting of the General Assembly.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. That the Legislative Assembly of the Territory of Kansas shall meet at the seat of government on the first Monday of January, in each year, to hold the regular sessions of said General Assembly, as contemplated in the organic act.

SEC. 2. All acts and parts of acts heretofore passed on this subject be and the same are hereby repealed.

SEC. 3. This act to take effect and be in force from and after its passage.

A. LARZALERE,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

Approved February 11, 1859.

S. MEDARY,

Governor.

BRUMBACK & BUMBAGR

LAWYERS,

Sixth and Wyandotte Streek,

KANSAS CITY,

CHAPTER LXXV.

AN ACT concerning Guardians and Wards.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

Legislative As-
Monday in

sembly meets on

January.

SECTION 1. The father is the natural guardian of the persons Father Fuardian of his minor children. If he dies or is incapable of acting, the mother becomes the guardian.

SEC. 2. The natural and actual guardian of any [minor] child may, by will, appoint another guardian for such minor. If, without such will, both parents be dead or disqualified to act as guardian, the probate court may appoint one.

a

SEC. 3. Although the parents are living and of sound mind, yet if the minor has property not derived from either of them, guardian must be appointed by the probate court to manage such property.

of child-if father dead, the mothor the guardian.

Guardians ap-
By probate court.

pointed by will.

Probate court

must appoint guardian for a

mor's indepen

dent property.

1

Who may be appointed.

If over fourteen, may select his own guardian.

Guardians must give bond and

take oath,

Must make inventory, to be filed in probate court.

Power of guardians.

Duty of guardians.

When minor's property to be

SEC. 4. The father, or, in case of his death, absence or incapacity, the mother may be appointed the guardian to take charge of the property of his minor child, if deemed, by the court, a suitable person for that purpose.

SEC. 5. If the minor be over the age of fourteen years and of sound intellect, he may select his own guardian, subject to the approval of the court.

SEC. 6. Guardians appointed to take charge of the property of the minor must give bond, with surety, to be approved by the court, in a penalty double the value of the personal estate, and of the rents and profits of the real estate of the minor, conditioned for the faithful discharge of their duties as such guardians, according to law. They must also take an oath, of the same tenor, as the condition of the bond.

SEC. 7. Within forty days after their appointment, they must make out an inventory of all the property of the minor, which shall be appraised in the same manner as the property of a deceased person. The inventory must be filed in the office of the clerk of the probate court.

SEC. 8. Guardians of the persons of minors have the same power and control over them that parents would have if living. SEC. 9. Guardians of the property of minors must prosecute and defend for their wards. They must, also, in other respects, manage their interests, under the direction of the court; they may thus lease their lands or loan their money during their minority, and may do all other acts which the court may deem for the benefit of the wards.

SEC. 10. When not in violation of the terms of a will by sold or mortgaged. which a minor holds his real property, it may, under the direction of the probate court, be sold or mortgaged on the application of the guardian, either when such sale or mortgage is necessary for the minor's support or education, or where his interest will be thereby promoted by reason of the unproductiveness of the property, or of its being exposed to waste, or of any other peculiar circumstances.

Grounds of applieation to be stated under oath.

Court may order further publication.

SEO. 11. The petition, for that purpose, must state the grounds of the application, must be verified by oath, and a copy thereof, with a notice of the time at which such application will be made to the court, must be served personally upon the minor, at least ten days prior to the term fixed for such application.

SEC. 12. The court, in its discretion, may direct a postponement of the matter, and may order such further publication, through the newspapers or otherwise, as it may deem expedient.

ference.

SEC. 13. It may, also, direct a reference for the purpose of May direct a reascertaining the propriety of ordering the sale or mortgage as applied for.

SEC. 14. Before any such sale or mortgage can be executed, the guardian must give security, to the satisfaction of the court, the penalty of which shall be at least double the value of the property to be sold or of the money to be raised by the mortgage, conditioned that he will faithfully perform his duty in that respect and account for and apply all moneys received by him under the direction of the court.

Guardians to give

special security for performance

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prevailing party when application

SEC. 15. When the application for the sale of property is Costs awarded to resisted, the court may, in its discretion, award costs to the pre-ws resisted. vailing party, and may, when satisfied that there was no reasonable ground for making the application, direct the costs to be paid by the guardian from his own funds.

prove deeds or

SEO. 16. Deeds may be made by the guardian in his own Court must apname, but they must be returned to the court, and the sale or mortgages. mortgage be approved before the same are valid.

SEC. 17. The same rules that are prescribed in the sale of real Rules of sale. property by executors and administrators, shall be observed in sales under the provisions of this act as far as applicable.

dition of bond.

SEC. 18. A failure to comply with any order of the court in Breaches of conrelation to the guardianship, shall be deemed a breach of the condition of the guardian's bond, which may accordingly be put in suit by any one aggrieved thereby, for which purpose the court may appoint another guardian of the minor, if necessary. The court may, also, commit him to jail until he complies with such order.

perty of
must make annual

SEC. 19. Guardians of the property of minors must account, Guardians of proon oath, annually, or oftener, if required by the court. It may, accounts. also, direct them to give new or supplemental security, or may remove them for good cause shown, which cause must be entered on the records.

livered to new guardian.

SEC. 20. Where a new guardian is appointed, the court may Property to be deorder the effects of the minor, which are in the hands of his predecessor, to be delivered up to such new guardian.

of non-resident

minors may be ap

pointed.

SEC. 21. The foreign guardian of any non-resident minor may Foreign guardians be appointed the guardian of such minor by the court of the county wherein he has any property, for the purpose of selling or otherwise controlling that and all other property of such minor, within this Territory.

Authenticated

SEC. 22. Such appointment may be made, upon his filing, in copy of his apthe office of the probate judge of the county wherein there is any be filed.

pointment must

such property, an authenticated copy of the order for his appointMust be qualified. ment. He shall, thereupon, qualify, like other guardians, except as in the next succeeding section is prescribed.

May dispense with original bond,

when.

Compensation of guardian.

SEC. 23. Upon the filing of an authenticated copy of the bond and the inventory rendered by the guardian in the foreign state, if the court is satisfied with the sufficiency of the amount of the security, it may dispense with the filing of an additional bond. SEC. 24. Guardians shall receive such compensation as the court may from time to time allow. The amount allowed and the service for which the allowance was made, must be entered upon the records of the court.

SEC. 25. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,

Speaker of House of Representatives.
C. W. BABCOCK,

Approved February 8, 1859.

S. MEDARY,

Governor.

President of the Council..

Who may prosecute a writ of habeas corpus.

To whom application shall be made.

CHAPTER LXXVI.

AN ACT regulating Proceedings on Writs of Habeas Corpus.

OF PROCEEDINGS TO OBTAIN THE WRIT AND THE FORM THEREOF.

Be it enacted by the Governor and Legislative Assembly of
the Territory of Kansas:

SECTION 1. Every person committed, detained, confined or
restrained of his liberty, within this Territory, for any criminal,
or supposed criminal matter, or under any pretense whatsoever,
except when, according to the provisions of this act, such person
can be neither discharged or bailed, or otherwise relieved, may
prosecute a writ of habeas corpus, as hereinafter provided, to
inquire into the cause of such confinement or restraint.

SEC. 2. Application for such writ shall be made by petition, signed by the party for whose relief it is intended, or by some person in his behalf, to some court of record, in term, or to the judge of the supreme or district court, or any judge of the probate court.

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